First National Bank v. Baker
Supreme Court of Iowa
Appeal from Jasper Cvrcuit Court. This cause was before tbe court at. a former term. An opinion was filed reversing the decree of tbe Circuit Court. See 57 Iowa, 197. Tbe cause now comes on for bearing on motion of plaintiff for a decree in tbis court, grabting such relief as tbe court below should have granted, and to which tbe plaintiff is entitled under tbe pleadings.
1Opinion of the Court
Seevers, Ch. J.
This is an action in equity. For a state-ment of tbe issues and tbe nature of tbe relief asked, see 57 Iowa, 197. Tbe Circuit Court dismissed tbe petition, aiid upon appeal to tbis court tbis ruling was reversed, and the plain tiff moves for judgment in tbis court. Tbe defendant resists tbe motion on tbe ground that both bis counsel and the Circuit Court were misled by counsel for tbe plaintiff, tbe claim being that counsel for tbe plaintiff perpetrated a fraud on the Circuit Court. Several affidavits have been filed by tbe defendant supporting his theory, and affidavits have…
2Cases cited1 opinion
- First National Bank v. BakerSupreme Court of Iowa · 1881
3Cited by3 opinions
- Schlosser v. HemphillSupreme Court of the United States · 1905
- Johnson v. BodineSupreme Court of Iowa · 1899
- Garmoe v. WindleSupreme Court of Iowa · 1888